We-Vibe Lawsuit: Settlement Payouts, Privacy Changes, and Canadian Case

The We-Vibe lawsuit was a 2016 class action, N.P. v. Standard Innovation (US) Corp., alleging that the Canadian maker of the We-Vibe line of Bluetooth-enabled vibrators secretly collected intimate data about how customers used its products through the companion We-Connect app. Standard Innovation settled the case in 2017 for roughly $3.75 million USD, agreed to destroy the data it had gathered, and overhauled its privacy practices, without admitting wrongdoing.¹

What Standard Innovation Was Accused of Collecting

The problem came to light at DEF CON in August 2016, where two New Zealand security researchers showed that the We-Connect app was “phoning home” to Standard Innovation’s servers once a minute, transmitting the device’s CPU temperature and changes in vibration intensity.² Combined, those data points let the company work out when, how often, and in what manner a customer was using the product. The researchers also flagged that the company’s terms allowed it to share collected data with law enforcement on request.³

The complaint later described the data stream in more detail. It included the date and time of each use, the vibration mode the user selected (settings with names like “pulse,” “peak,” and “cha cha cha”), and the intensity level. It included device telemetry like temperature and battery life.⁴ And it included the customer’s email address, which meant the usage data could be linked to a specific person. All of it was transmitted to servers in Canada, and when two users connected remotely through the app’s partner-link feature, some of that information was routed through the app and collected as well.¹

The Legal Claims

The first named plaintiff, identified only as N.P., filed suit on September 2, 2016, in the United States District Court for the Northern District of Illinois. An amended complaint in February 2017 added a second plaintiff, P.S., and substituted Standard Innovation Corporation as the defendant. Judge Virginia M. Kendall was assigned to the case, and the plaintiffs were represented by the Chicago firm Edelson PC.⁵

The complaint brought three causes of action: violation of the Federal Wiretap Act (18 U.S.C. §§ 2510 et seq.), common-law intrusion upon seclusion, and unjust enrichment.⁵ The theory was straightforward. The app collected highly sensitive information without users knowing or consenting, and it did so as a matter of design rather than accident.

The Settlement

The parties mediated on November 22, 2016, before retired Judge Morton Denlow of JAMS Chicago. The settlement agreement was filed on March 9, 2017, and Judge Kendall granted final approval on August 15, 2017.⁶ The deal created two classes and two separate funds totaling about $3.75 million USD. The covered products were the We-Vibe Classic, We-Vibe 4 Plus, We-Vibe 4 Plus App Only, Rave by We-Vibe, and Nova by We-Vibe.⁷

The Purchaser Class fund was $750,000. Anyone in the United States who bought one of the eligible Bluetooth-enabled We-Vibe products before September 26, 2016 could file a claim, with a stated maximum of $199 per claimant and an estimated payout closer to $40.⁸

The App Class fund was $3 million. It covered anyone who downloaded the We-Connect app and actually used it to control an eligible device before September 26, 2016. That group’s stated maximum was roughly $10,000, with estimated payouts around $500.¹ The much larger allocation reflected the deeper intrusion: app users had their intimate behavioral data actively collected and linked to their identities. Consumers could qualify for both classes. Claims required the device’s serial number, the deadline was July 20, 2017, and Heffler Claims Group administered the settlement.⁸

Privacy Changes the Company Had to Make

Money aside, Standard Innovation agreed to change how it handled user data. It was required to stop collecting personal information and to destroy what it had already gathered, specifically the records of usage dates and times, vibration intensity levels and patterns, device temperatures, and battery life.⁹ The company agreed to stop collecting email addresses through the app, to rewrite its privacy notice so data practices were clearly disclosed, and to give customers more control over what they shared. It also said it would bring in outside privacy and security experts to review its practices on an ongoing basis.¹⁰

What Claimants Actually Received

Checks started going out on October 26, 2017, roughly two months after final approval, with a second round following by April 2018.⁶ Real amounts came in far below the stated maximums. Some recipients reported checks in the single digits, with figures like $9.36 and $7.96 circulating publicly.⁷ That result is typical of consumer class actions, where legal fees and administrative costs come out first and the remainder is split across a large claimant pool. Some class members reported never receiving a check despite filing, and others reported confusion about their claim status. The case was formally terminated on August 15, 2017, with the last docket activity recorded in August 2018.¹¹

The Canadian Case

The Illinois settlement covered U.S. purchasers and app users only. Canadian consumers were addressed through a separate class action filed on April 13, 2017 by Consumer Law Group, making substantially the same allegations that Standard Innovation intercepted and stored sensitive usage data along with email addresses without notice or consent.¹² As of the most recent available information, the firm’s website still listed the case as active, with no publicly reported settlement, certification ruling, or dismissal.

What Changed at the Company

Standard Innovation made structural changes to the We-Connect app after the settlement. Account registration was removed entirely, eliminating collection of names, emails, phone numbers, and other personally identifiable information, and sharing of anonymous usage data was shifted to an opt-in model. The company said it uses encryption for the app and connected products and works with an outside security consulting firm that reviews its measures. As of a 2021 Mozilla Foundation review, no known data breaches had occurred since the settlement, though the review noted that hacking risk cannot be eliminated for any Bluetooth device paired with an internet-connected app. In 2019, a security researcher demonstrated the ability to control a We-Vibe toy using a laptop and a long-range antenna.¹³

Ownership has changed too. Standard Innovation was acquired in 2018 by Womanizer Group Management GmbH, forming WOW Tech Group, which merged in 2021 with U.K.-based Lovehoney to become the Lovehoney Group. The We-Vibe brand still operates under that umbrella, with research and development based in the Ottawa area.¹⁴

1
NPR. Vibrator Maker to Pay Millions Over Claims It Secretly Tracked Use
2
The Guardian. Vibrator Phone App We-Vibe 4 Plus Bluetooth Hack
3
Kaspersky. Insecure Vibrator
4
Global News. We-Vibe Privacy Lawsuit Settlement
5
Lexing.law. N.P. and P.S. v. Standard Innovation Corp. Settlement Agreement
6
Top Class Actions. We-Vibe Data Collection Class Action Settlement
7
Top Class Actions. We-Vibe Privacy Class Action Settlement Checks Mailed
8
PR Newswire. We-Vibe Class Action Settlement Notice
9
The New York Times. We-Vibe Vibrator Lawsuit Settlement
10
Mashable. We-Vibe Vibrator Settlement
11
CourtListener. N.P. v. Standard Innovation (US) Corp.
12
Consumer Law Group. We-Vibe Privacy Violation Canadian Class Action
13
Mozilla Foundation. We-Vibe Jive Privacy Review
14
Ottawa Business Journal. We-Vibe Maker Expects Growth Surge After Merger